Trade in issue
04-11-2008, 11:17 PM
#21
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Originally Posted by meatzorb' post='560111' date='Apr 11 2008, 10:16 PM
My two cents worth. The selling dealer should have disclosed the dealer buy-back or lemon. You should check with your state attorney general's office on this.
Second , when you bought the 545i and traded the audi in( audi right?)you signed documents that asked you of your awareness of any of the following. If none of the itmes happened while you owned it and none were disclosed to you before you bought it then you did nothing illegal.
Third and most important: the buying dealer has every right to protect their transaction and validate the true value. The dealer for free and to protect themselves could have pulled a CARFAX and did not.
Question: If the original dealer that sold you the car pulled a car fax and it was clean then the car is guarrenteed. Can you locate the original CARFAX? Is it in a file somewhere?
I would not buy the car back and wold simply says you presented everything that you were aware of.
On the other hand if you knew about some of it, then suck it up.
Second , when you bought the 545i and traded the audi in( audi right?)you signed documents that asked you of your awareness of any of the following. If none of the itmes happened while you owned it and none were disclosed to you before you bought it then you did nothing illegal.
Third and most important: the buying dealer has every right to protect their transaction and validate the true value. The dealer for free and to protect themselves could have pulled a CARFAX and did not.
Question: If the original dealer that sold you the car pulled a car fax and it was clean then the car is guarrenteed. Can you locate the original CARFAX? Is it in a file somewhere?
I would not buy the car back and wold simply says you presented everything that you were aware of.
On the other hand if you knew about some of it, then suck it up.
The orignal dealer did not pull anything. I asked for it but forgot to look at it after they told me the car was clean..
04-12-2008, 12:22 AM
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Originally Posted by JETBLACK530I' post='559817' date='Apr 11 2008, 02:47 PM
If the contract is signed and they took possesion of it then it is now there problem. they should have checked the carfax before you signed it over to them.
I agree, you took the words out of my mouth.
04-12-2008, 12:28 AM
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Originally Posted by paul1994' post='559933' date='Apr 11 2008, 05:06 PM
here is the carfax. Can anyone see how I am breaking the contract with the wording I listed ?
http://www.carfax.com/viewEmailReport.do?a...amp;language=EN
purchaser guarantees that the Trade-in Vehicle (i) has never been in an accident requiring repairs in excess of $2000; (ii) does not have a welded or bent frame nor has suffered flood damage; (iii) has never been designated as a "salvage vehicle" or "restored salvage" by any agency (iv) has no liens or encumbrances other than as represented; (v) has not sustained substantial physical damage and there are no latent mechanical defects. Purchaser agrees to be liable for any damages seller may incur if any of the above statements are untrue including attorneys' fees and cost.
http://www.carfax.com/viewEmailReport.do?a...amp;language=EN
purchaser guarantees that the Trade-in Vehicle (i) has never been in an accident requiring repairs in excess of $2000; (ii) does not have a welded or bent frame nor has suffered flood damage; (iii) has never been designated as a "salvage vehicle" or "restored salvage" by any agency (iv) has no liens or encumbrances other than as represented; (v) has not sustained substantial physical damage and there are no latent mechanical defects. Purchaser agrees to be liable for any damages seller may incur if any of the above statements are untrue including attorneys' fees and cost.
04-12-2008, 12:34 AM
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Originally Posted by paul1994' post='560193' date='Apr 12 2008, 03:17 AM
If iam in the wrong I will just have to suck it up and sell the car myself, but like I said it was probably my fault for not looking at the carfax for the Audi.
The orignal dealer did not pull anything. I asked for it but forgot to look at it after they told me the car was clean..
The orignal dealer did not pull anything. I asked for it but forgot to look at it after they told me the car was clean..
04-12-2008, 06:02 AM
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Originally Posted by paul1994' post='559933' date='Apr 11 2008, 05:06 PM
here is the carfax. Can anyone see how I am breaking the contract with the wording I listed ?
http://www.carfax.com/viewEmailReport.do?a...amp;language=EN
purchaser guarantees that the Trade-in Vehicle (i) has never been in an accident requiring repairs in excess of $2000; (ii) does not have a welded or bent frame nor has suffered flood damage; (iii) has never been designated as a "salvage vehicle" or "restored salvage" by any agency (iv) has no liens or encumbrances other than as represented; (v) has not sustained substantial physical damage and there are no latent mechanical defects. Purchaser agrees to be liable for any damages seller may incur if any of the above statements are untrue including attorneys' fees and cost.
http://www.carfax.com/viewEmailReport.do?a...amp;language=EN
purchaser guarantees that the Trade-in Vehicle (i) has never been in an accident requiring repairs in excess of $2000; (ii) does not have a welded or bent frame nor has suffered flood damage; (iii) has never been designated as a "salvage vehicle" or "restored salvage" by any agency (iv) has no liens or encumbrances other than as represented; (v) has not sustained substantial physical damage and there are no latent mechanical defects. Purchaser agrees to be liable for any damages seller may incur if any of the above statements are untrue including attorneys' fees and cost.
The wording on the agreement they made you sign is just CYA jargon and could probably be challenged in court. Its impossible for a non-original car owner to "guarantee" items "i" and "v". Furthermore, from reading this it appears the dealership is attempting to use item"v" against you, unless they have proof previous accident damage cost more than 2 grand (I doubt it, otherwise they would have showed it to you).
I you really had no idea about the condition of the car when you sold it, then you should fight to keep the trade intact.
04-12-2008, 06:42 AM
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Keep us posted on everything that happens. I want to know what the outcome is. Isay just take you BMW and tell them to f!@# off.
04-12-2008, 01:09 PM
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Originally Posted by JETBLACK530I' post='560272' date='Apr 12 2008, 10:42 AM
Keep us posted on everything that happens. I want to know what the outcome is. Isay just take you BMW and tell them to f!@# off.
Where is your 545 now, a bimmer dealership or Ford? If it's at the Ford dealership, go get it ASAP, and tell them to sue you if they bring up the Audi! You will be fine. I'd still pursue the issue with the original Acura dealership. I'd love to be there to watch them explain themselves on that original purchase, Good luck!
04-17-2008, 02:03 PM
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Update:
Well I talked to the sales manger last friday and he said he would contact me on monday. I did not hear anything from him on Monday.
So I am guessing that they don't have anything concrete to go on. this is the only reason they have not contacted me. If they did they would have told me to pick up the Audi.
Well I broke down today and called the ford dealership and talked to the sales manger to follow-up on our disccusion we had on last friday. ( I stated that I didn't think I broke the contract in any way). he told me that he is waiting for the GM to come back from vaction to see if they are going to persue this claim.
So I have to wait to next week to find out what is going on.
Thank you all for the replies.. sorry it took me so long to update, but I was waiting on the dealership to call me.
Well I talked to the sales manger last friday and he said he would contact me on monday. I did not hear anything from him on Monday.
So I am guessing that they don't have anything concrete to go on. this is the only reason they have not contacted me. If they did they would have told me to pick up the Audi.
Well I broke down today and called the ford dealership and talked to the sales manger to follow-up on our disccusion we had on last friday. ( I stated that I didn't think I broke the contract in any way). he told me that he is waiting for the GM to come back from vaction to see if they are going to persue this claim.
So I have to wait to next week to find out what is going on.
Thank you all for the replies.. sorry it took me so long to update, but I was waiting on the dealership to call me.
04-17-2008, 02:07 PM
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Originally Posted by paul1994' post='563258' date='Apr 17 2008, 03:03 PM
Update:
Well I talked to the sales manger last friday and he said he would contact me on monday. I did not hear anything from him on Monday.
So I am guessing that they don't have anything concrete to go on. this is the only reason they have not contacted me. If they did they would have told me to pick up the Audi.
Well I broke down today and called the ford dealership and talked to the sales manger to follow-up on our disccusion we had on last friday. ( I stated that I didn't think I broke the contract in any way). he told me that he is waiting for the GM to come back from vaction to see if they are going to persue this claim.
So I have to wait to next week to find out what is going on.
Thank you all for the replies.. sorry it took me so long to update, but I was waiting on the dealership to call me.
Well I talked to the sales manger last friday and he said he would contact me on monday. I did not hear anything from him on Monday.
So I am guessing that they don't have anything concrete to go on. this is the only reason they have not contacted me. If they did they would have told me to pick up the Audi.
Well I broke down today and called the ford dealership and talked to the sales manger to follow-up on our disccusion we had on last friday. ( I stated that I didn't think I broke the contract in any way). he told me that he is waiting for the GM to come back from vaction to see if they are going to persue this claim.
So I have to wait to next week to find out what is going on.
Thank you all for the replies.. sorry it took me so long to update, but I was waiting on the dealership to call me.
hope everything works out man...
04-22-2008, 08:59 PM
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What's the scoop? How is the Ford dealer handling the Audi situation? I had something similar with a VW Passat that I bought from a VW dealer. I reviewed CF at the closing stages of the purchase, and saw and accident indicator (police report filed). When asked about it, they stated that it was nothing major, full safety inspection was performed, etc and only a bumper was replaced.
Fast forward 4 years, trading it in for my new (to me at least CPO) 545, the BMW dealer pulled the CF and the kiss of death appeared... same accident indicator there, but this time annotation that frame inspection was required and there was frame damage both front and rear. DOH! Apparently CF started reporting this type of info 2 years AFTER I purchased the Passat. I never could tell/know that it had frame damage as there was no pull, no uneven tire wear, etc. No inidcations, but obviously the BMW dealer gave me chump change on a nice car with a blemished CF. Fact of the matter was that the VW dealer flat out lied. I have half a mind to look up the old deal number and send them some flame-mail on this, albeit, 4 years in the past.... DAMN!
Anyway, best of luck and let us know how this turns out! We're behind ya!
Fast forward 4 years, trading it in for my new (to me at least CPO) 545, the BMW dealer pulled the CF and the kiss of death appeared... same accident indicator there, but this time annotation that frame inspection was required and there was frame damage both front and rear. DOH! Apparently CF started reporting this type of info 2 years AFTER I purchased the Passat. I never could tell/know that it had frame damage as there was no pull, no uneven tire wear, etc. No inidcations, but obviously the BMW dealer gave me chump change on a nice car with a blemished CF. Fact of the matter was that the VW dealer flat out lied. I have half a mind to look up the old deal number and send them some flame-mail on this, albeit, 4 years in the past.... DAMN!
Anyway, best of luck and let us know how this turns out! We're behind ya!